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Reasons
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(영문) 서울중앙지방법원 2016.01.15 2015가합524324
부정경쟁행위금지 등 청구의 소
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1. For the defendant's business:

(a) not use each trade name listed in Appendix 1;

(b) annex.

Reasons

1. Basic facts

A. The Plaintiff is a trademark right holder of the registered trademark as follows.

1) The registration number of the first registered trademark: The designated goods on August 17, 1994: the registration number of the second registered trademark on August 17, 1994: the automobiles, athletic automobiles, and marks such as automatic wheelss: 2) the registration number of the second registered trademark: the date of registration under Article 032482/ the date of registration: the designated goods on October 23, 1995: marks such as automobiles, athletic cars, automatic wheelss, etc.:

B. The Defendant’s mark use, etc. 1) The Defendant is a stock company with the purpose of “import vehicle export and import business”, etc., and the Defendant has completed the registration of incorporation on May 12, 2014 with the name of the corporation “ASON MARIN SES Co., Ltd., Ltd.,” and completed the registration of incorporation on May 12, 2014, and the first floor store of the 425 building (hereinafter “instant store”).

2) The Defendant, as indicated in the separate sheet No. 2, has used a mark in the separate sheet No. 2 (hereinafter “Defendant’s used mark”) including the word “ASON MAMARIN” or “MASRRN” on the external signboard, outer wall, glass door, glass window, banner, name box, etc. of the store in this case, and on the Internet site Twitter (https://titter.com) and Lone Starg (htps://instagra.com) in the separate sheet No. 1, “ASOTRRRRR SOU”, “ASOMARRFFOE.S.E.O.S.E.,” and published the Plaintiff’s name on the Defendant’s website and the Plaintiff’s name on the Defendant’s account No. 3rd/www.com.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 14, Gap evidence 24, Gap evidence 26 to 31, Gap evidence 33 to 43, the purport of the whole pleadings

2. The parties' assertion and judgment

(a) in the case of a combined trademark with regard to a claim for prohibition of the use of a trade name, the similarity of a trademark shall be determined by the appearance, name, and concept arising from the entire composition of the trademark.

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